The Relevance of International Law in the Contemporary Global Community

Authors

  • *Moses E. Alita Author

Keywords:

International Law, International Peace and Security, Legal Rule, Sovereign Equality, Global Community, States/Nation-states

Abstract

Abstract 
An overview of the opinions of legal scholars and jurists over the years on the status of 
international law points to the fact that there is a divergence of opinions as to whether or not 
international law can be properly regarded as law or a mere moral rule. This divergence emanated 
from the dichotomy on the understanding of law between the positivists and the naturalists. While 
some argue that international law is not and should not be regarded as law properly so-called, 
others argue that such opinion is rather misconceived as it is based on a narrow understanding of 
the meaning of law as a command of a sovereign, with the direct implication that customary law is 
no more part of the legal corpus. The immediate effect of this assertion is that there could be no 
binding legal rule in the international arena. If this assertion is to be accepted, its legal consequence 
will be very devastating and disastrous in the present global order. The aim of this research is to 
ascertain the veracity or otherwise of this assertion. The methodology employed in the research is 
doctrinal using primary and secondary resources available to us. It is our finding that, although to 
all intents and purposes the rules of international law are binding legal rules, the challenge of 
having an effective enforcement mechanism to ensure compliance with those rules remains as 
pertinent today as it was many years ago despite the efforts so far made and being made by the 
United Nations in this regard. It is our recommendation that if the global community hopes to 
sustain progression and civilization and not chaos in the global plane, it must devise a better means 
of ensuring that the rules of international law are complied with in order to realize the main purpose 
of its formulation- the maintenance of international peace and security. 

Downloads

Download data is not yet available.

Downloads

Published

2024-08-01